PRINTER'S NO. 462
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
474
Session of
2019
INTRODUCED BY EVERETT, READSHAW, RYAN, BERNSTINE, PYLE AND
DeLUCA, FEBRUARY 12, 2019
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 12, 2019
AN ACT
Amending Titles 8 (Boroughs and Incorporated Towns) and 11
(Cities) of the Pennsylvania Consolidated Statutes, in storm
sewers and watercourses, further providing for authority of
boroughs and for manner of financing work; providing for
storm water management plans and facilities for incorporated
towns; and, in watercourses, flood protection projects and
storm water systems, further providing for establishing and
changing watercourses, flood protection projects and storm
water systems and for assessment of benefits and liens.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2201 of Title 8 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 2201. Authority of boroughs.
* * *
(c) Ordinances.--A borough may enact and enforce ordinances
to govern and regulate the planning, management, implementation,
construction and maintenance of storm water facilities.
Section 2. Section 2203 of Title 8 is amended to read:
§ 2203. Manner of financing work.
(a) General rule.--A borough may pay for the costs and
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expenses of any work or activity authorized under section 2201
(relating to authority of boroughs) wholly or in part from money
of the borough available for the purpose.
(b) Assessments.--To the extent that a borough does not
receive assistance from the Federal, State or county government
for the costs and expenses of the work, the borough may assess
the benefited properties located within the drainage area of the
watercourse in accordance with Chapter 21A (relating to
assessments and charges for public improvements).
(c) Fees.--For the purposes of funding the construction,
maintenance and operation of storm water management facilities,
systems and management plans authorized under this chapter, a
borough may assess reasonable and uniform fees based in whole or
in part on the characteristics of the property benefited by the
facilities, systems and management plans. In establishing the
fees the borough shall consider and provide appropriate
exemptions or credits for properties that have installed and are
maintaining storm water facilities that meet best management
practices and are approved or inspected by the borough. The
assessed fees shall be filed with the borough treasurer. An
ordinance shall specify whether payments are to be made by
annual or more frequent installments.
(d) Methods of assessment.--Any fee levied by the borough
may be assessed in one of the following methods:
(1) On all properties in the borough.
(2) On all properties benefited by a specific storm
water project.
(3) By establishing a storm water management district
and assessing the fee on all property owners in the district.
(e) Use.--Any fee collected for the purposes of storm water
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management may only be used for the purposes authorized under
this chapter.
Section 3. Title 8 is amended by adding a part to read:
PART II
INCORPORATED TOWNS
Chapter
41. (Reserved)
74. Storm Water Management Plans and Facilities
CHAPTER 41
(RESERVED)
CHAPTER 74
STORM WATER MANAGEMENT PLANS AND FACILITIES
Sec.
7401. Storm water management systems authorized.
7402. Construction of storm water management facilities.
7403. System management.
7404. Ordinances.
7405. Fees.
§ 7401 . Storm water management systems authorized.
The town council may plan, design, construct, assemble,
install and alter facilities, including, but not limited to,
inlets, outlets, systems of piping, diversion terraces, grass
waterways, energy dissipaters, storm water retention devices and
natural or artificial infiltration areas, to manage surface
water runoff.
§ 7402 . Construction of storm water management facilities.
(a) General rule.--The town council may acquire by purchase,
deed of dedication or eminent domain proceedings all or part of
any existing system or facility for the management of surface
water runoff that may have been established or constructed by
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any property owner in the incorporated town or establish,
construct and maintain systems or facilities in the best
interest of the incorporated town.
(b) Price.--If the town council and the owners of systems
can agree upon a price to be paid by the incorporated town, the
purchase may be consummated if the amount to be paid does not
exceed the actual value of the facilities to be transferred.
(c) Eminent domain.--If the town council acquires the system
by the exercise of eminent domain, the damages shall be
determined by viewers under this act for eminent domain
proceedings.
§ 7403 . System management.
(a) General rule.--When exercising the powers under this
chapter , the town council shall manage storm water originating
in or passing through the incorporated town in a manner that is
consistent with the requirements of the act of October 4, 1978
(P.L.864, No.167), known as the Storm Water Management Act, and
the storm water management guidelines and any regulations that
may be adopted by the Department of Environmental Protection.
(b) Consistency.--All storm water management activities must
be consistent with any watershed storm water management plan
when the plan has been approved by the Department of
Environmental Protection.
(c) Review by county conservation district.--When storm
water management activities are undertaken in watersheds for
which there is no approved storm water management plan, all
drawings, documents, profiles and designs and descriptions of
the proposed activities to be undertaken by the incorporated
town shall be submitted to the county conservation district for
review and comment before the initiation of earthmoving
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activities. The conservation district shall have 30 days to
review and respond with comments to the board of commissioners.
Failure to respond within that time constitutes favorable
comment by the conservation district.
§ 7404 . Ordinances.
(a) Storm water management.--The town council may enact
storm water management ordinances and require persons conducting
earthmoving activities to obtain approval from the board of
commissioners for those activities. Ordinances must be
consistent with watershed storm water management plans where
they exist and in all cases must be consistent with the act of
October 4, 1978 (P.L.864, No.167), known as the Storm Water
Management Act.
(b) Storm water facilities.--The town council may enact and
enforce ordinances to govern and regulate the planning,
management, implementation, construction and maintenance of
storm water facilities.
§ 7405 . Fees.
(a) General rule.--For the purposes of funding the
construction, maintenance and operation of storm water
management facilities, systems and plans authorized under this
chapter , an incorporated town may assess reasonable and uniform
fees based in whole or in part on the characteristics of the
property benefited by the facilities, systems and plans. In
establishing the fees, the incorporated town shall consider and
provide appropriate exemptions or credits for properties that
have installed and are maintaining storm water facilities that
meet best management practices and are approved or inspected by
the incorporated town.
(b) Methods of assessments.--Any fee levied by the
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incorporated town may be assessed in one of the following
methods:
(1) On all properties in the incorporated town.
(2) On all properties benefited by a specific storm
water project.
(3) By establishing a storm water management district
and assessing the fee on all property owners in the district.
(c) Use.--Any fee collected for the purposes of storm water
management may only be used for the purposes authorized under
this chapter .
(d) Filing.--The assessments shall be filed with the town
treasurer.
(e) Payments.--An ordinance shall specify whether payments
are to be made by annual or more frequent installments.
Section 4. Section 13401 of Title 11 is amended by adding a
subsection to read:
§ 13401. Establishing and changing watercourses, flood
protection projects and storm water systems.
* * *
(c) Ordinances.--A city may enact and enforce ordinances to
govern and regulate the planning, management, implementation,
construction and maintenance of storm water facilities.
Section 5. Section 13407 heading of Title 11 is amended and
the section is amended by adding subsections to read:
§ 13407. Assessment of benefits [and], liens and fees.
* * *
(d) Fees.--For the purposes of funding the construction,
maintenance and operation of storm water management facilities,
systems and management plans authorized under this chapter, a
city may assess reasonable and uniform fees based in whole or in
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part on the characteristics of the property benefited by the
facilities, systems and management plans. In establishing the
fees, the city shall consider and provide appropriate exemptions
or credits for properties that have installed and are
maintaining storm water facilities that meet best management
practices and are approved or inspected by the city. The
assessed fees shall be filed with the city treasurer. An
ordinance shall specify whether payments are to be made by
annual or more frequent installments.
(e) Methods of assessment.--Any fee levied by the city may
be assessed in one of the following methods:
(1) On all properties in the city .
(2) On all properties benefited by a specific storm
water project.
(3) By establishing a storm water management district
and assessing the fee on all property owners in the district.
(f) Use.--Any fee collected for the purposes of storm water
management may only be used for the purposes authorized under
this chapter.
Section 6. This act shall take effect in 60 days.
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